The Town has over the years attempted to limit blasting but to no avail. The jurisdiction and regulation over blasting activities does not rest with the town nor the county but with the State of Florida.
The State has established a process for complaints to be filed. It is very important you take the time to file a complaint as the last time we addressed this with the state they only had two complaints on file over the last several years.
Blasting Damage Claims Mediation Process
On June 2, 2003, Governor Bush signed Senate Bill 472, making that law effective immediately. In essence, this Bill provides for a State sponsored mediation process for blasting damage claims, which is essential since the blasting that is being experienced in Miami Lakes is out of the Town's jurisdiction.
Bill 472 provides an exclusive administrative remedy through the Division of Administrative Hearings (DOAH) solely for the recovery of damages to real and personal property caused by the use of explosives in construction mining activities. Recovery of damages for personal injury, emotional distress or punitive damages is excluded from this administrative forum and must be pursued separately in court. The administrative remedy for the alleged real or personal property damage must be sought no later than 6 months after the damage occurred.
Within 5 days of filing the petition, the case is assigned and an order is issued directing mandatory nonbinding mediation to be held no later than 60 days after the mediator is selected by the parties or the administrative law judge. If no settlement is reached within 15 days of the concluded mediation, the matter may be set for an expedited summary hearing upon mutual agreement of the parties. If the parties have not reached a settlement within 30 days of the concluded mediation, the matter is set for formal administrative hearing.
If the administrative court finds by a preponderance of evidence that the damages are attributable to construction mining activities, it must direct the respondent to pay the damages within 30 days of the order unless the matter is appealed to a district court of appeal. If the respondent fails to pay the damages within 30 days of the order, or within 30 days of an appellate mandate affirming the order, then the damages may be paid upon the petitioner's request from the security bond the respondent was required to post as a statutory prerequisite to applying or renewing a user license in connection with the construction mining activities. The court may reduce to judgment any amount not covered by the security bond. If the court finds by a preponderance of evidence that the damages were not caused by the respondent's activities, the court must issue an order stating that the respondent is not responsible for the damages. The prevailing party is entitled to taxable costs including expert witness fees, administrative costs and reasonable attorney's fees.
Click here for the State's Guide to filing complaints.
Click here for Blasting Monitoring Reports
Click here for Florida State Fire Marshall's Office Understanding Construction Materials Mining Presentation, June 15, 2017
Click here for the Blasting Study Contract.
